183D Remission consistent with collection of highest net revenue over time

(1)

The Commissioner may remit—

(a)

a late filing penalty; and

(aa)

a non-electronic filing penalty; and

(b)

a late payment penalty; and

(bb)

a shortfall penalty imposed by section 141AA; and

(bc)

a civil penalty imposed under section 215 of the KiwiSaver Act 2006; and

(bd)

a penalty for not paying employer monthly schedule amount imposed by section 141ED; and

(c)

interest under Part 7

payable by a taxpayer if the Commissioner is satisfied that the remission is consistent with the Commissioner’s duty to collect over time the highest net revenue that is practicable within the law.

(2)

In the application of this section, the Commissioner must have regard to the importance of the penalty, and interest under Part 7, in promoting compliance, especially voluntary compliance, by all taxpayers and other persons with the Inland Revenue Acts.

(3)

The Commissioner must not consider a taxpayer’s financial position when applying this section.

Section 183D: replaced (with effect on 1 April 1997), on 23 September 1997, by section 104(1) of the Taxation (Remedial Provisions) Act 1997 (1997 No 74).

Section 183D(1)(aa): inserted, on 7 October 1998 (applying to penalties that arise on and after 1 April 1999), by section 40(1) of the Taxation (Simplification and Other Remedial Matters) Act 1998 (1998 No 101).

Section 183D(1)(bb): inserted, on 1 April 2005, by section 139 of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).

Section 183D(1)(bc): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006 No 40).

Section 183D(1)(bc): amended, on 1 April 2009, by section 25 of the Taxation (KiwiSaver) Act 2007 (2007 No 110).

Section 183D(1)(bd): inserted, on 1 April 2008, by section 265 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).

Section 183D(2): replaced, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006 No 40).